S v CHAMBOKO 1983 (1) ZLR 292 (H)

Flynote

Criminal procedure — sentence — theft — award of compensation made to complainant in terms of s 341(11) of Criminal Procedure and Evidence Act [Chapter 59] - award c insufficient to cover sum stolen — portion of sentence suspended on condition that balance paid.

Headnote

The appellant pleaded guilty to the theft from his employer of $1 782.52. He was sentenced to a term of imprisonment of which portion was suspended. Compensation in the sum of $1 000 was awarded in terms of s 341(11) of the Criminal Procedure and Evidence Act D [Chapter 59]; the complainant waived any right to an award in excess of $1 000. The complainant had available to it money due to the appellant totalling $1 896.63.

Held, that it was not in accordance with the principle of restitution to offer no inducement E to an accused who, as here, could make restitution in full. The fact that compensation had been awarded in terms of s 341(11) did not prevent the Court from making an order for a suspension of sentence conditional on making restitution in full or the wrongdoer from offering further reparation. It has never been the policy of the law to sanction the enjoyment of the fruits of crime by the criminal. Accordingly, a further portion of the sentence of imprisonment would be suspended on condition that the F appellant repaid the outstanding sum due.